Who would get my husband's property if he dies while in the middle of our divorce?
Full Question:
My husband and I are legally seperated and finalizing the divorce agreement. What happens if he dies before we file it? Who will get his estate?
04/28/2009 |
Category: Wills and Estates |
State: ALL |
#16296
Answer:
The answer depends on whether he has a will or not. A person may leave their property to anyone they wish in a will. If he dies without a will, his estate will be distributed according to the laws of intestate distribution. In California, the following statute applies:
§ 6401 Prob.
(a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.
(b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. (c) As to separate property, the intestate share of the surviving spouse or surviving domestic partner, as defined in subdivision (b) of Section 37, is as follows:
(1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.
(2) One-half of the intestate estate in the following cases:
(A) Where the decedent leaves only one child or the issue of one deceased child.
(B) Where the decedent leaves no issue but leaves a parent or parents or their issue or the issue of either of them.
(3) One-third of the intestate estate in the following cases:
(A) Where the decedent leaves more than one child.
(B) Where the decedent leaves one child and the issue of one or more deceased children.
(C) Where the decedent leaves issue of two or more deceased children.